Terms of Use

DOTAFRO TERMS OF USE
1. General
1.1. PLEASE MAKE SURE THAT YOU HAVE READ THESE TERMS OF USE (“TERMS OF USE”) PROPERLY BEFORE USING THE SERVICES (“THE SERVICES”) THAT ARE PROVIDED BY DOTAFRO (PROPRIETARY) LIMITED (“THE COMPANY”). PLEASE ALSO NOTE THAT THESE TERMS OF USE GOVERN YOUR USE OF THE COMPANY’S WEBSITE, RELATED MOBI-SITES AND MOBILE APPLICATIONS (“THE WEBSITE”) AND YOUR RELATIONSHIP WITH THE COMPANY. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, WE ASK THAT YOU REFRAIN FROM REGISTERING OR USING THIS WEBSITE.
1.2. The Services are offered subject to acceptance without any amendment of the Terms of Use, which Terms of Use also include the Privacy Policy which is available at www.DotAfro.com/privacypolicy and all other operating rules, policies and procedures that may be published from time to time on the Website by the Company, each of which is incorporated by reference and each of which may be updated by the Company from time to time without notice to you.
1.3. In addition, some services offered through the Service may be subject to additional terms of use created by the Company from time to time. Please note that your use of such services is subject to those additional terms of use, which are incorporated into these Terms of Use by this reference.
1.4. The Service is only available to persons over the age of 16 (sixteen) years old. If you are under 16, you will need parental guidance to make use of the Services. The Company may however, at its own accord, refuse to offer the Service to any person or entity and may also elect to change its eligibility criteria at any time.
2. Amendment of the Terms of Use
2.1. These Terms of Use are effective as of 18/11/2017.
2.2. The Company reserves the right, at its own accord, to amend or change any of the Terms of Use or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by putting up a notice on the Website or by sending you an email.
2.3. The Company may also limit your use on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to constantly check the Terms of Use as to whether there have been any changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes your approval and acceptance of such changes.
3. Description of the Services
3.1. The Company makes various services available on this Website including, but not limited to, any and/or all content posted by other users, networking services, interactive services and other similar services. You are responsible for providing, at your own cost, all equipment necessary to make use of the Services, including a computer, modem, and Internet access (including payment of all fees associated with such access).
3.2. The Company reserves the sole right to either modify or discontinue the Website, including any of the Website’s features, at any time with or without notice to you. The Company will not be liable to you or any third party should it elect to exercise such right.
4. Registration
4.1. You may browse the Website and any content contained on the Website without registering. However, in order to make use of certain but as a condition to using certain aspects of the Service, you may be required to register with the Company and select a username and password. By registering, you agree that all information provided by yourself on the Website is true and accurate and that you will maintain and update this information as required by keeping it current, complete, and accurate.
4.2. You also grant the Company the right to disclose to third parties certain information and data about you. The information that the Company obtains through your use of this Website, is subject to the Company’s Privacy Policy, which is specifically incorporated by reference into these Terms of Use.
4.3. You are solely responsible for any activity that occurs on your account and shall be responsible for maintaining the confidentiality of your username and password. You may not user any person’s username and password unless you have been provided with permission by that person. You will immediately notify the Company in writing of any unauthorized use of your account, or other account related security breach of which you become aware of.
5. Any errors, interruptions and omissions in respect of the use of the Service
5.1. The Company intends to, at certain times, maintain the Website and as a result, there may be instances where there could be interruptions of the Service. In this regard, the Company shall not be liable for any damages and/or loss arising from any errors, interruptions and omissions that happen to occur through the use of the Website.
5.2. The Company shall do all that is reasonably possible to inform you of proposed maintenance on the Website by way of a notice thereon but there may be instances where it may be impracticable for the Company to do so.
5.3. The Company makes no warranty that (i) the Services will meet your requirements; (ii) the Services will be uninterrupted, timely, secure, or error-free, or (iii) the results that may be obtained from the use of the Services will be effective, accurate or reliable.
5.4. The use of the Services or the downloading of any content through the Website is done at your own discretion and risk. You hereby agree that you will be solely responsible for any damage to your computer system or loss of data that results from such activities.
6. Rules and Conduct
6.1. As indicated in par 4.1 of these Terms of Use, it is your responsibility to ensure that all the information that is supplied by you is precise, complete and updated.
6.2. You agree that the Website will be used lawfully and in a way that does not infringe the rights or restrict or inhibit the use and enjoyment of the Website by any third party.
6.3. You are solely responsible for any and/or all information submitted by you to the Website. By posting information in or otherwise using any communications service, message board, newsgroup, or other interactive service that may be available to you on or through this Website, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content may be regarded as misleading, false or untrue; that constitutes a breaking of the law or an illegal act; is defamatory, abusive or offensive; infringes the intellectual property, confidentiality or other right of any third party; contains software viruses or any other computer code, files or programs designed to affect the use of any computer software or hardware or telecommunications network; and/or may bring the Company or the Company’s Website into disrepute. For the purposes of the Terms of Use the term “Content” includes, without limitation, any user submissions, videos, audio clips, written forum comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Company or its affiliates on or through the Service.
6.4. The Company does not endorse or assume any liability for the contents of any material uploaded or submitted by third party users of the Website. The Company does not pre-screen, monitor, or edit the content posted by any of the users of communications services, message boards, newsgroups, or other interactive services that may be available on or through this Website. However, the Company and its affiliates have the right, at their sole discretion, to remove any content that, in their judgment, does not comply with these Terms of Use and any other rules of user conduct for the Website, or is otherwise harmful, objectionable, or inaccurate. The Company shall not be held responsible for the removal of such content. You hereby consent to such removal and indemnify the Company against any and/or all costs, expenses, claims, losses, liabilities arising out of such removal of content and/or arising from the misuse by you of the Website.
6.5. You must not under any circumstances seek to undermine the security of the Website or any information submitted to or available through it. If you violate any of the systems or network security of the Website, you may incur criminal or civil liability.
7. Third party websites
7.1. The Service may permit you to link to third party websites or resources on the internet, and the third party websites or resources may contain links to the Website. When you access third-party websites, you do so at your own risk. Third party websites are not under the Company’s control, and you acknowledge that the Company is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by the Company or any association with its operators.
7.2. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such third party website or resource.
8. Content and License
8.1. Content available through the Website represents the opinions and judgments of the Website user and/or any other person or entity not connected with the Company. The Company does not endorse and shall not be held responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized spokesperson of the Company speaking in his/her official capacity.
8.2. All materials on the Website are owned by and subject to the copyright of the Company, its affiliates or third parties.
8.3. No part of the Website, including information, images, photos, logos, names or icons may be copied, republished, posted, or reproduced in any form whatsoever without the prior written permission of the copyright holder. You are, however, permitted to access, copy and reproduce materials for your personal non-commercial use only.
8.4. You retain copyright and any other rights you already hold in content which you submit, post or display on or through the Website. By submitting, posting or displaying the content, you give the Company a continuous, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, publicly display and distribute any content which you submit to the Website, unless otherwise agreed in writing between you and the Company.
8.5. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
9. Limitations of Liability
9.1. The Company and/or its affiliates shall not be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not the Company has been advised of the possibility of such damages, arising out of or in connection with the use of the Website or of any website referenced or linked to from the Website.
10. Indemnification
10.1. You agree to indemnify and hold the Company and/or affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, which arise from your use or misuse of the Website.
11. International Use
11.1. Although the Website may be accessible worldwide, the Company makes no representation that any content or material on the Website is appropriate or available for use anywhere outside the Republic of South Africa, and accessing them from territories where their contents are illegal is prohibited.
11.2. If you elect to access the Website from a location outside the Republic of South Africa, you do so at your own initiative and you are therefore responsible for compliance with the relevant local laws.
12. Termination
12.1. The Company may terminate your access to all or any part of the Website at any time for any reason without notice, and may change, suspend or discontinue all or any part of its online services at any time without notice.
12.2. Upon termination or suspension, regardless of the reasons therefore, your right to use the Services available on the Website immediately ceases, and you acknowledge and agree that the Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Website. The Company shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken pursuant to such termination or suspension.
13. Enforceability
13.1. These Terms of Use are only intended to be enforceable by you and the Company and accordingly, cannot be enforced by any third party.
13.2. If any of these Terms of Use are determined to be illegal, invalid or unenforceable by a court of competent jurisdiction, then they shall be severed and deleted from these Terms of Use without affecting the enforceability of the remaining provisions.
14. Governing Law
14.1. These Terms of Use shall be governed by and construed in accordance with the laws of South Africa.
15. Dispute Resolution
15.1. Any dispute arising out of or in connection with these Terms of Use shall first be referred to the Chief Executive Officer of the Company who shall attempt to resolve the dispute with the aggrieved user within 10 (ten) days of referral of the dispute.
15.2. In the event that the dispute is not resolved in accordance with the provisions of par 15.1 of these Terms of Use, the dispute shall be referred to arbitration.
16. Entire Agreement
16.1. These Terms of Use constitute the entire agreement and understanding between you and the Company concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Use may not be altered, supplemented, or amended by the use of any other document(s).
16.2. Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and the Company. To the extent that anything in or associated with the Website is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.